32B-2-210.  Alcoholic Beverage Services Advisory Board.

(1)  There is created within the department an advisory board known as the “Alcoholic Beverage Services Advisory Board.”

Terms Used In Utah Code 32B-2-210

  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
  • Quorum: The number of legislators that must be present to do business.
  • Restaurant: means a business location:
(a) at which a variety of foods are prepared;
(b) at which complete meals are served; and
(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
    (2)  The advisory board shall consist of eight voting members and one nonvoting member as follows:

    (a)  four voting members appointed by the commission:

    (i)  one of whom represents the retail alcohol industry;

    (ii)  one of whom represents the wholesale alcohol industry;

    (iii)  one of whom represents the alcohol manufacturing industry; and

    (iv)  one of whom represents the restaurant industry;

    (b)  two voting members appointed by the commission, each of whom represents an organization that addresses alcohol or drug abuse prevention, alcohol or drug related enforcement, or alcohol or drug related education;

    (c)  the director of the Division of Substance Abuse and Mental Health or the director’s designee who serves as a voting member;

    (d)  the chair of the Utah Substance Use and Mental Health Advisory Council, or the chair’s designee, who serves as a voting member; and

    (e)  the chair of the commission or the chair’s designee from the members of the commission, who serves as a nonvoting member.

    (3) 

    (a)  Except as required by Subsection (3)(b), as terms of current voting members of the advisory board expire, the commission shall appoint each new member or reappointed member to a four-year term beginning July 1 and ending June 30.

    (b)  Notwithstanding the requirements of Subsection (3)(a), the commission shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of voting advisory board members are staggered so that approximately half of the advisory board is appointed every two years.

    (c)  No two members of the board may be employed by the same company or nonprofit organization.

    (4) 

    (a)  When a vacancy occurs in the membership for any reason, the commission shall appoint a replacement for the unexpired term.

    (b)  The commission shall terminate the term of a voting advisory board member who ceases to be representative as designated by the member’s original appointment.

    (5)  The advisory board shall meet as called by the chair for the purpose of advising the commission and the department, with discussion limited to administrative rules made under this title.

    (6)  The chair of the commission or the chair’s designee shall serve as the chair of the advisory board and call the necessary meetings.

    (7) 

    (a)  Five members of the board constitute a quorum of the board.

    (b)  An action of the majority when a quorum is present is the action of the board.

    (8)  The department shall provide staff support to the advisory board.

    (9)  A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

    (a)  Section 63A-3-106;

    (b)  Section 63A-3-107; and

    (c)  rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

    Amended by Chapter 447, 2022 General Session